94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1839


 
Introduced 2/25/2005, by Sen. James T. Meeks - Kirk W. Dillard - Iris Y. Martinez - Rickey R. Hendon - Mattie Hunter
 
SYNOPSIS AS INTRODUCED:
 		















625 ILCS 5/11-412  from Ch. 95 1/2, par. 11-412








    Amends the Illinois Vehicle
Code. Provides that the Department of Transportation shall supply vehicle-specific
accident data from which any identifying information has been removed to any
person or entity in bulk electronic form and only for the purpose of preparing
vehicle-specific vehicle history reports. Provides that the person or
entity
must pay all reasonable costs and that the Department may set a bulk rate for
access to the data in bulk electronic form. Sets additional requirements
that the person or entity must agree to meet in order to gain access to the
data. Provides that the Department may cease providing the accident data
to the person or entity if the Department concludes that the person or entity
has failed to use the accident data in the prescribed manner.
Provides that the person
or entity shall have 90 days to cure the failure.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 









SB1839

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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5.  The Illinois Vehicle Code is amended by 
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changing Section 11-412
as follows:


 



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    (625 ILCS 5/11-412)
  (from Ch. 95 1/2, par. 11-412)



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    Sec. 11-412. Motor vehicle accident reports confidential. 

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    (a) All required
written motor vehicle accident reports and 
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supplemental reports shall
be without prejudice to the 
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individual so reporting and shall be for the
confidential use 
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of the Department and the Secretary of State and, in the
case 
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of second division vehicles operated under certificate of 
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convenience
and necessity  issued by the Illinois Commerce 
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Commission, of the Commission,
except that the Administrator or 
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the Secretary of State or the Commission may
disclose the 
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identity of a person involved in a motor vehicle accident
when 
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such identity is not otherwise known or when such person denies 
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his
presence at such motor vehicle accident and the Department 
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shall disclose
the identity of the insurance carrier, if any, 
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upon demand. The Secretary of
State may also disclose notations 
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of accident involvement maintained on
individual driving 
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records.  The Department
may furnish copies of its written 
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accident reports to federal and State
agencies that are engaged 
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in highway safety research and studies.  Reports
furnished to 
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any agency other than the Secretary of State or the Illinois

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Commerce Commission may be used only for statistical or 
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analytical purposes
and shall be held confidential by that 
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agency.
No such written report shall be used as evidence in any 
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trial, civil
or criminal, arising out of a motor vehicle 
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accident, except
that the Administrator shall furnish upon 
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demand of any person who has,
or claims to have, made such a 
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written report, or upon demand of any
court, a certificate 
 


 






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showing that a specified written accident report
has or has not 
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been made to the Administrator solely to prove a compliance
or 
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a failure to comply with the requirement that such a written 
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report
be made to the Administrator.

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    (b) Notwithstanding any other provision of this Code, the

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Department shall supply vehicle-specific accident data to any 
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person or
entity in bulk electronic form after the name, 
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address, telephone
number, and social security number have been 
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removed and only for the purpose
of preparing vehicle-specific 
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vehicle history reports. The person or
entity must pay all 
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reasonable costs associated with producing the
accident 
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records in bulk electronic form. The Department may set a
bulk 
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rate for access to the records in bulk electronic form. The 
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Department however, may not agree to grant to any person or 
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entity an exclusive right to receive this information or data.

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    (c) The Department must require any person or entity
that 
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requests access to the  accident data in bulk electronic form to

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stipulate, through a written agreement with the Department, the

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following:

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        (1) that the person or entity may use the accident 
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    records
only for the purpose of identifying vehicles that 
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    have been
involved in accidents or damaged and not for the 
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    purpose of
identifying or contacting individuals;

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        (2) that the person or entity assumes all 
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    responsibilities
for the accurate use and portrayal of the 
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    accident data;

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        (3) that the person or entity may not use the accident

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    data in a manner in which the integrity of the information 
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    in
the accident data is compromised;

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        (4) that the person or entity is responsible for 
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    omissions
or errors in the accident data committed by or on 
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    behalf of
the person or entity;

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        (5) that the person or entity must remove or correct 
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    the
accident data upon notification to the person or entity 
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    that
the accident data was created in error or that certain 
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    data
elements on an accident record were entered in error;

 


 






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        (6) that the person or entity intends to use the

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    accident records only to the extent permitted under the

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    Driver's Privacy Protection Section of the Violent
Crime 
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    Control and Law Enforcement Act of 1994 and subsequent

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    amendments.

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    (d) The Department may cease providing the accident data to

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the person or entity if the Department concludes that the

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person or entity has failed to use the accident data in the 
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manner
prescribed by this Section. The person or entity shall 
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have 90 days to cure the failure.

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    (e) The Department of Transportation at its discretion may 
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provide for
in-depth investigations of accidents involving 
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Department employees.  A
written report describing the 
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preventability of such an accident may be
prepared to enhance 
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the safety of Department employees.  Such reports and
any 
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opinions expressed in the review of the accident as to the

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preventability of the accident shall be for the privileged use 
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of the
Department and held confidential and shall not be 
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obtainable or used in any
civil or criminal proceeding.

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(Source: P.A. 89-503, eff. 7-1-96.)